Sec. 349.001. LIABILITY FOR CONTRACTING FOR, CHARGING, OR RECEIVING EXCESSIVE AMOUNT. (a) A person who violates this subtitle by contracting for, charging, or receiving interest or time price differential greater than the amount authorized by this subtitle is liable to the obligor for an amount equal to:
(1) twice the amount of the interest or time price differential contracted for, charged, or received; and
(2) reasonable attorney's fees set by the court.
(b) A person who violates this subtitle by contracting for, charging, or receiving a charge, other than interest or time price differential, greater than the amount authorized by this subtitle is liable to the obligor for an amount equal to:
(1) the greater of:
(A) three times the amount computed by subtracting the amount of the charge authorized by this subtitle from the amount of the charge contracted for, charged, or received; or
(B) $2,000 or 20 percent of the amount of the principal balance, whichever is less; and
(2) reasonable attorney's fees set by the court.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.24(a), eff. Sept. 1, 1999.
Section: 349.001 349.002 349.003 349.004 349.005 349.101 349.102 349.103 349.201 349.202 349.203 349.204 349.205 349.301 349.302 NextLast modified: September 28, 2016